subpart u — covid-19 emergency temporary standard...2021/04/05  · 29 u.s.c. 653, 655, and 657;...

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Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule. 1 Subpart U — COVID-19 Emergency Temporary Standard Subpart U Table of Contents 1910.502 Healthcare 1910.504 Mini Respiratory Protection Program 1910.505 Severability 1910.509 Incorporation by Reference Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8-2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C. 553. § 1910.502 Healthcare. (a) Scope and application. (1) Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services. (2) This section does not apply to the following: (i) the provision of first aid by an employee who is not a licensed healthcare provider; (ii) the dispensing of prescriptions by pharmacists in retail settings; (iii) non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings;

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Page 1: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

1

Subpart U — COVID-19 Emergency Temporary Standard

Subpart U Table of Contents

1910.502 Healthcare

1910.504 Mini Respiratory Protection Program

1910.505 Severability

1910.509 Incorporation by Reference

Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8-2020

(85 FR 58393); 29 CFR part 1911; and 5 U.S.C. 553.

§ 1910.502 Healthcare.

(a) Scope and application.

(1) Except as otherwise provided in this paragraph, this section applies to all settings

where any employee provides healthcare services or healthcare support services.

(2) This section does not apply to the following:

(i) the provision of first aid by an employee who is not a licensed healthcare

provider;

(ii) the dispensing of prescriptions by pharmacists in retail settings;

(iii) non-hospital ambulatory care settings where all non-employees are screened

prior to entry and people with suspected or confirmed COVID-19 are not

permitted to enter those settings;

(iv) well-defined hospital ambulatory care settings where all employees are fully

vaccinated and all non-employees are screened prior to entry and people with

suspected or confirmed COVID-19 are not permitted to enter those settings;

Page 2: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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(v) home healthcare settings where all employees are fully vaccinated and all

non-employees are screened prior to entry and people with suspected or

confirmed COVID-19 are not present;

(vi) healthcare support services not performed in a healthcare setting (e.g., off-site

laundry, off-site medical billing); or

(vii) telehealth services performed outside of a setting where direct patient care

occurs.

Note to paragraphs (a)(2)(iv) and (a)(2)(v): OSHA does not intend to preclude the

employers of employees who are unable to be vaccinated from the scope exemption

in paragraphs (a)(2)(iv) and (a)(2)(v). Under various anti-discrimination laws,

workers who cannot be vaccinated because of medical conditions, such as allergies to

vaccine ingredients, or certain religious beliefs may ask for a reasonable

accommodation from their employer. Accordingly, where an employer reasonably

accommodates an employee who is unable to be vaccinated in a manner that does not

expose the employee to COVID-19 hazards (e.g., telework, working in isolation), that

employer may be within the scope exemption in paragraphs (a)(2)(iv) and (a)(2)(v).

(3) (i) Where a healthcare setting is embedded within a non-healthcare setting (e.g.,

medical clinic in a manufacturing facility, walk-in clinic in a retail setting),

this section applies only to the embedded healthcare setting and not to the

remainder of the physical location.

Page 3: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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(ii) Where emergency responders or other licensed healthcare providers enter a

non-healthcare setting to provide healthcare services, this section applies only

to the provision of the healthcare services by that employee.

(4) In well-defined areas where there is no reasonable expectation that any person

with suspected or confirmed COVID-19 will be present, paragraphs (f), (h), and (i) of

this section do not apply to employees who are fully vaccinated.

Note 1 to paragraph (a): Nothing in this section is intended to limit state or local

government mandates or guidance (e.g., executive order, health department order) that go

beyond the requirements of and are not inconsistent with this section.

Note 2 to paragraph (a): Employers are encouraged to follow public health guidance

from the Centers for Disease Control and Prevention (CDC) even when not required by

this section.

(b) Definitions. The following definitions apply to this section:

Aerosol-generating procedure means a medical procedure that generates aerosols

that can be infectious and are of respirable size. For the purposes of this section, only the

following medical procedures are considered aerosol-generating procedures: open

suctioning of airways; sputum induction; cardiopulmonary resuscitation; endotracheal

intubation and extubation; non-invasive ventilation (e.g., BiPAP, CPAP); bronchoscopy;

manual ventilation; medical/surgical/postmortem procedures using oscillating bone saws;

and dental procedures involving: ultrasonic scalers; high-speed dental handpieces;

air/water syringes; air polishing; and air abrasion.

Page 4: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

4

Airborne infection isolation room (AIIR) means a dedicated negative pressure

patient-care room, with special air handling capability, which is used to isolate persons

with a suspected or confirmed airborne-transmissible infectious disease. AIIRs include

both permanent rooms and temporary structures (e.g., a booth, tent or other enclosure

designed to operate under negative pressure).

Ambulatory care means healthcare services performed on an outpatient basis,

without admission to a hospital or other facility. It is provided in settings such as: offices

of physicians and other health care professionals; hospital outpatient departments;

ambulatory surgical centers; specialty clinics or centers (e.g., dialysis, infusion, medical

imaging); and urgent care clinics. Ambulatory care does not include home healthcare

settings for the purposes of this section.

Assistant Secretary means the Assistant Secretary of Labor for Occupational

Safety and Health, U.S. Department of Labor, or designee.

Clean/cleaning means the removal of dirt and impurities, including germs, from

surfaces using soap and water or other cleaning agents. Cleaning alone reduces germs on

surfaces by removing contaminants and may also weaken or damage some of the virus

particles, which decreases risk of infection from surfaces.

Close contact means being within 6 feet of any other person for a cumulative total

of 15 minutes or more over a 24-hour period during that person’s potential period of

transmission. The potential transmission period runs from 2 days before the person felt

sick (or, for asymptomatic people, 2 days prior to test specimen collection) until the time

the person is isolated.

Page 5: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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Common areas means indoor or outdoor locations under the control of the

employer that more than one person may use or where people congregate (e.g., building

lobbies, reception areas, waiting rooms, restrooms, break rooms, eating areas, conference

rooms).

COVID-19 (Coronavirus Disease 2019) means the respiratory disease caused by

SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2). For clarity and ease of

reference, this section refers to “COVID-19” when describing exposures or potential

exposures to SARS-CoV-2.

COVID-19 positive and confirmed COVID-19 refer to a person who has a

confirmed positive test for, or who has been diagnosed by a licensed healthcare provider

with, COVID-19.

COVID-19 symptoms mean the following: fever or chills; cough; shortness of

breath or difficulty breathing; fatigue; muscle or body aches; headache; new loss of taste

or smell; sore throat; congestion or runny nose; nausea or vomiting; diarrhea.

COVID-19 test means a test for SARS-CoV-2 that is:

(i) Cleared or approved by the U.S. Food and Drug Administration (FDA) or is

authorized by an Emergency Use Authorization (EUA) from the FDA to

diagnose current infection with the SARS-CoV-2 virus; and

(ii) Administered in accordance with the FDA clearance or approval or the FDA

EUA as applicable.

Direct patient care means hands-on, face-to-face contact with patients for the

purpose of diagnosis, treatment, and monitoring.

Page 6: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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Disinfect/disinfection means using an EPA-registered, hospital-grade disinfectant

on EPA’s “List N” (incorporated by reference, § 1910.509), in accordance with

manufacturers’ instructions to kill germs on surfaces.

Elastomeric respirator means a tight-fitting respirator with a facepiece that is

made of synthetic or rubber material that permits it to be disinfected, cleaned, and reused

according to manufacturer’s instructions. It is equipped with a replaceable cartridge(s),

canister(s), or filter(s).

Facemask means a surgical, medical procedure, dental, or isolation mask that is

FDA-cleared, authorized by an FDA EUA, or offered or distributed as described in an

FDA enforcement policy. Facemasks may also be referred to as “medical procedure

masks.”

Face shield means a device, typically made of clear plastic, that:

(i) is certified to ANSI/ISEA Z87.1 (incorporated by reference, § 1910.509); or

(ii) covers the wearer’s eyes, nose, and mouth to protect from splashes, sprays,

and spatter of body fluids, wraps around the sides of the wearer’s face (i.e.,

temple-to-temple), and extends below the wearer’s chin.

Filtering facepiece respirator means a negative pressure particulate respirator

with a non-replaceable filter as an integral part of the facepiece or with the entire

facepiece composed of the non-replaceable filtering medium.

Fully vaccinated means 2 weeks or more following the final dose of a COVID-19

vaccine.

Page 7: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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Hand hygiene means the cleaning and/or disinfecting of one’s hands by using

standard handwashing methods with soap and running water or an alcohol-based hand

rub that is at least 60% alcohol.

Healthcare services mean services that are provided to individuals by professional

healthcare practitioners (e.g., doctors, nurses, emergency medical personnel, oral health

professionals) for the purpose of promoting, maintaining, monitoring, or restoring health.

Healthcare services are delivered through various means including: hospitalization, long-

term care, ambulatory care, home health and hospice care, emergency medical response,

and patient transport. For the purposes of this section, healthcare services include

autopsies.

Healthcare support services mean services that facilitate the provision of

healthcare services. Healthcare support services include patient intake/admission, patient

food services, equipment and facility maintenance, housekeeping services, healthcare

laundry services, medical waste handling services, and medical equipment

cleaning/reprocessing services.

High-touch surfaces and equipment means any surface or piece of equipment that

is repeatedly touched by more than one person (e.g., doorknobs, light switches,

countertops, handles, desks, tables, phones, keyboards, tools, toilets, faucets, sinks, credit

card terminals, touchscreen-enabled devices).

Physical location means a site (including outdoor and indoor areas, a structure, or

a group of structures) or an area within a site where work or any work-related activity

(e.g., taking breaks, going to the restroom, eating, entering, or exiting work) occurs. A

Page 8: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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physical location includes the entirety of any space associated with the site (e.g.,

workstations, hallways, stairwells, breakrooms, bathrooms, elevators) and any other

space that an employee might occupy in arriving, working, or leaving.

Powered air-purifying respirator (PAPR) means an air-purifying respirator that

uses a blower to force the ambient air through air-purifying elements to the inlet

covering.

Respirator means a type of personal protective equipment (PPE) that is certified

by NIOSH under 42 CFR part 84 or is authorized under an EUA by the FDA.

Respirators protect against airborne hazards by removing specific air contaminants from

the ambient (surrounding) air or by supplying breathable air from a safe source. Common

types of respirators include filtering facepiece respirators, elastomeric respirators, and

PAPRs. Face coverings, facemasks, and face shields are not respirators.

Screen means asking questions to determine whether a person is COVID-19

positive or has symptoms of COVID-19.

Surgical mask means a mask that covers the user’s nose and mouth and provides a

physical barrier to fluids and particulate materials. The mask meets certain fluid barrier

protection standards and Class I or Class II flammability tests. Surgical masks are

generally regulated by FDA as Class II devices under 21 CFR 878.4040 – Surgical

apparel.

Vaccine means a biological product authorized or licensed by the FDA to prevent

or provide protection against COVID-19, whether the substance is administered through a

single dose or a series of doses.

Page 9: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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Workplace means a physical location (e.g., fixed, mobile) where the employer’s

work or operations are performed.

(c) COVID-19 plan.

(1) The employer must develop and implement a COVID-19 plan for each workplace.

If the employer has multiple workplaces that are substantially similar, its COVID-

19 plan may be developed by workplace type rather than by individual workplace

so long as all required site-specific information is included in the plan.

Note to paragraph (c)(1): For those employers who do not already have a COVID-19

plan in place, OSHA's website contains significant compliance assistance materials,

including a model plan.

(2) If the employer has more than 10 employees, the COVID-19 plan must be written.

(3) The employer must designate one or more workplace COVID-19 safety

coordinators to implement and monitor the COVID-19 plan developed under this

section. The COVID-19 safety coordinator(s) must be knowledgeable in infection

control principles and practices as they apply to the workplace and employee job

operations. The identity of the safety coordinator(s) must be documented in any

written COVID-19 plan. The safety coordinator(s) must have the authority to

ensure compliance with all aspects of the COVID-19 plan.

(4) (i) The employer must conduct a workplace-specific hazard assessment to identify

potential workplace hazards related to COVID-19.

(ii) In order for an employer to be exempt from providing controls in a well-

defined area under paragraph (a)(4) of this section based on employees’ fully

Page 10: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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vaccinated status, the COVID-19 plan must include policies and procedures to

determine employees’ vaccination status.

(5) The employer must seek the input and involvement of non-managerial employees

and their representatives, if any, in the hazard assessment and the development

and implementation of the COVID-19 plan.

(6) The employer must monitor each workplace to ensure the ongoing effectiveness

of the COVID-19 plan and update it as needed.

(7) The COVID-19 plan must address the hazards identified by the assessment

required by paragraph (c)(4) of this section, and include policies and procedures

to:

(i) Minimize the risk of transmission of COVID-19 for each employee, as

required by paragraphs (d) through (n) of this section;

Note to paragraph (c)(7)(i): Although the employer’s COVID-19 plan must

account for the potential COVID-19 exposures to each employee, the plan can do

so generally and need not address each employee individually.

(ii) Effectively communicate and coordinate with other employers:

(A) When employees of different employers share the same physical location,

each employer must effectively communicate its COVID-19 plan to all

other employers, coordinate to ensure that each of its employees is

protected as required by this section, and adjust its COVID-19 plan to

address any particular COVID-19 hazards presented by the other

employees. This requirement does not apply to delivery people,

Page 11: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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messengers, and other employees who only enter a workplace briefly to

drop off or pick up items.

(B) An employer with one or more employees working in a physical location

controlled by another employer must notify the controlling employer when

those employees are exposed to conditions at that location that do not meet

the requirements of this section; and

(iii) Protect employees who in the course of their employment enter into private

residences or other physical locations controlled by a person not covered by

the OSH Act (e.g., homeowners, sole proprietors). This must include

procedures for employee withdrawal from that location if those protections are

inadequate.

Note to paragraph (c): The employer may include other policies, procedures, or

information necessary to comply with any applicable federal, state, or local public health

laws, standards, and guidelines in their COVID-19 plan.

(d) Patient screening and management. In settings where direct patient care is provided,

the employer must:

(1) Limit and monitor points of entry to the setting. This provision does not apply

where emergency responders or other licensed healthcare providers enter a non-

healthcare setting to provide healthcare services.

(2) Screen and triage all clients, patients, residents, delivery people and other visitors,

and other non-employees entering the setting.

Page 12: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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(3) Implement other applicable patient management strategies in accordance with

CDC’s “COVID-19 Infection Prevention and Control Recommendations”

(incorporated by reference, § 1910.509).

Note to paragraph (d): The employer is encouraged to use telehealth services where

available and appropriate in order to limit the number of people entering the workplace.

(e) Standard and Transmission-Based Precautions. Employers must develop and

implement policies and procedures to adhere to Standard and Transmission-Based

Precautions in accordance with CDC’s “Guidelines for Isolation Precautions”

(incorporated by reference, § 1910.509).

(f) Personal protective equipment (PPE).

(1) Facemasks.

(i) Employers must provide, and ensure that employees wear, facemasks that meet

the definition in paragraph (b) of this section; and

(ii) The employer must ensure a facemask is worn by each employee over the

nose and mouth when indoors and when occupying a vehicle with other

people for work purposes. The employer must provide a sufficient number of

facemasks to each employee to comply with this paragraph and must ensure

that each employee changes them at least once per day, whenever they are

soiled or damaged, and more frequently as necessary (e.g., patient care

reasons).

(iii) The following are exceptions to the requirements for facemasks in paragraph

(f)(1)(ii) of this section:

Page 13: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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(A) When an employee is alone in a room.

(B) While an employee is eating and drinking at the workplace, provided each

employee is at least 6 feet away from any other person, or separated from

other people by a physical barrier.

(C) When employees are wearing respiratory protection in accordance with §

1910.134 or paragraph (f) of this section.

(D) When it is important to see a person’s mouth (e.g., communicating with

an individual who is deaf or hard of hearing) and the conditions do not

permit a facemask that is constructed of clear plastic (or includes a clear

plastic window). In such situations, the employer must ensure that each

employee wears an alternative to protect the employee, such as a face

shield, if the conditions permit it.

(E) When employees cannot wear facemasks due to a medical necessity,

medical condition, or disability as defined in the Americans with

Disabilities Act (42 USC 12101 et seq.), or due to a religious belief.

Exceptions must be provided for a narrow subset of persons with a

disability who cannot wear a facemask or cannot safely wear a facemask,

because of the disability, as defined in the Americans with Disabilities Act

(42 USC 12101 et seq.), including a person who cannot independently

remove the facemask. The remaining portion of the subset who cannot

wear a facemask may be exempted on a case-by-case basis as required by

the Americans with Disabilities Act and other applicable laws. In all such

Page 14: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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situations, the employer must ensure that any such employee wears a face

shield for the protection of the employee, if their condition or disability

permits it. Accommodations may also need to be made for religious

beliefs consistent with Title VII of the Civil Rights Act.

(F) When the employer can demonstrate that the use of a facemask presents a

hazard to an employee of serious injury or death (e.g., arc flash, heat

stress, interfering with the safe operation of equipment). In such situations,

the employer must ensure that each employee wears an alternative to

protect the employee, such as a face shield, if the conditions permit it.

Any employee not wearing a facemask must remain at least 6 feet away

from all other people unless the employer can demonstrate it is not

feasible. The employee must resume wearing a facemask when not

engaged in the activity where the facemask presents a hazard.

Note to paragraph (f)(1)(iii)(F): With respect to paragraphs (f)(1)(iii)(D)

through (F) of this section, the employer may determine that the use of face

shields, without facemasks, in certain settings is not appropriate due to other

infection control concerns.

(iv) Where a face shield is required to comply with this paragraph or is otherwise

required by the employer, the employer must ensure that face shields are

cleaned at least daily and are not damaged. When an employee provides a

face shield that meets the definition in paragraph (b) of this section, the

Page 15: Subpart U — COVID-19 Emergency Temporary Standard...2021/04/05  · 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8 -2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C

Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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employer may allow the employee to use it and is not required to reimburse

the employee for that face shield.

(2) Respirators and other PPE for exposure to people with suspected or confirmed

COVID-19. When employees have exposure to a person with suspected or

confirmed COVID-19, the employer must provide:

(i) a respirator to each employee and ensure that it is provided and used in

accordance with § 1910.134 and

(ii) gloves, an isolation gown or protective clothing, and eye protection to each

employee and ensure that the PPE is used in accordance with subpart I of this

part.

Note to paragraph (f)(2): When there is a limited supply of filtering facepiece

respirators, employers may follow the CDC’s “Strategies for Optimizing the Supply

of N95 Respirators” (available at: https://www.cdc.gov/coronavirus/2019-

ncov/hcp/respirators-strategy/index.html). Where possible, employers are

encouraged to select elastomeric respirators or PAPRs instead of filtering facepiece

respirators to prevent shortages and supply chain disruption.

(3) Respirators and other PPE during aerosol-generating procedures. For aerosol-

generating procedures performed on a person with suspected or confirmed

COVID-19, the employer must provide:

(i) a respirator to each employee and ensure that it is provided and used in

accordance with § 1910.134; and

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(ii) gloves, an isolation gown or protective clothing, and eye protection to each

employee and ensure that the PPE is used in accordance with subpart I of this

part.

Note 1 to paragraph (f)(3): For aerosol-generating procedures on a person suspected

or confirmed with COVID-19, employers are encouraged to select elastomeric

respirators or PAPRs instead of filtering facepiece respirators.

Note 2 to paragraph (f)(3): Additional requirements specific to aerosol-generating

procedures on people with suspected or confirmed COVID-19 are contained in

paragraph (g) of this section.

(4) Use of respirators when not required.

(i) The employer may provide a respirator to the employee instead of a facemask

as required by paragraph (f)(1) of this section. In such circumstances, the

employer must comply with § 1910.504.

(ii) Where the employer provides the employee with a facemask as required by

paragraph (f)(1) of this section, the employer must permit the employee to

wear their own respirator instead of a facemask. In such circumstances, the

employer must also comply with § 1910.504.

(5) Respirators and other PPE based on Standard and Transmission-Based

Precautions. The employer must provide protective clothing and equipment (e.g.,

respirators, gloves, gowns, goggles, face shields) to each employee in accordance

with Standard and Transmission-Based Precautions in healthcare settings in

accordance with CDC’s “Guidelines for Isolation Precautions” (incorporated by

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reference, § 1910.509) and ensure that the protective clothing and equipment is

used in accordance with subpart I of this part.

(g) Aerosol-generating procedures on a person with suspected or confirmed COVID-19.

When an aerosol-generating procedure is performed on a person with suspected or

confirmed COVID-19:

(1) The employer must limit the number of employees present during the procedure to

only those essential for patient care and procedure support.

(2) The employer must ensure that the procedure is performed in an existing AIIR, if

available.

(3) After the procedure is completed, the employer must clean and disinfect the

surfaces and equipment in the room or area where the procedure was performed.

Note to paragraph (g): Respirators and other PPE requirements during aerosol-generating

procedures are contained in paragraph (f)(3) of this section.

(h) Physical distancing.

(1) The employer must ensure that each employee is separated from all other people

by at least 6 feet when indoors unless the employer can demonstrate that such

physical distancing is not feasible for a specific activity (e.g., hands-on medical

care). This provision does not apply to momentary exposure while people are in

movement (e.g., passing in hallways or aisles).

(2) When the employer establishes it is not feasible for an employee to maintain a

distance of at least 6 feet from all other people, the employer must ensure that the

employee is as far apart from all other people as feasible.

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Note to paragraph (h): Physical distancing can include methods such as: telehealth;

telework or other remote work arrangements; reducing the number of people, including

non-employees, in an area at one time; visual cues such as signs and floor markings to

indicate where employees and others should be located or their direction and path of

travel; staggered arrival, departure, work, and break times; and adjusted work processes

or procedures to allow greater distance between employees.

(i) Physical barriers. At each fixed work location outside of direct patient care areas

(e.g., entryway/lobby, check-in desks, triage, hospital pharmacy windows, bill payment)

where each employee is not separated from all other people by at least 6 feet of distance,

the employer must install cleanable or disposable solid barriers, except where the

employer can demonstrate it is not feasible. The barrier must be sized (e.g., height and

width) and located to block face-to-face pathways between individuals based on where

each person would normally stand or sit. The barrier may have a pass-through space at

the bottom for objects and merchandise.

Note to paragraph (i): Physical barriers are not required in direct patient care areas or

resident rooms.

(j) Cleaning and disinfection.

(1) In patient care areas, resident rooms, and for medical devices and equipment, the

employer must follow standard practices for cleaning and disinfection of surfaces

and equipment in accordance with CDC’s “COVID-19 Infection Prevention and

Control Recommendations” and CDC’s “Guidelines for Environmental Infection

Control,” pp. 86–103, 147-149 (both incorporated by reference, § 1910.509).

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(2) In all other areas, the employer must:

(i) clean high-touch surfaces and equipment at least once a day, following

manufacturers’ instructions for application of cleaners; and

(ii) When the employer is aware that a person who is COVID-19 positive has

been in the workplace within the last 24 hours, clean and disinfect, in

accordance with CDC’s “Cleaning and Disinfecting Guidance” (incorporated

by reference, § 1910.509), any areas, materials, and equipment under the

employer’s control that have likely been contaminated by the person who is

COVID-19 positive (e.g., rooms they occupied, items they touched).

(3) The employer must provide alcohol-based hand rub that is at least 60% alcohol or

provide readily accessible hand washing facilities.

(k) Ventilation.

(1) Employers who own or control buildings or structures with an existing heating,

ventilation, and air conditioning (HVAC) system(s) must ensure that:

(i) The HVAC system(s) is used in accordance with the HVAC manufacturer’s

instructions and the design specifications of the HVAC system(s);

(ii) The amount of outside air circulated through its HVAC system(s) and the

number of air changes per hour are maximized to the extent appropriate;

(iii) All air filters are rated Minimum Efficiency Reporting Value (MERV) 13 or

higher, if compatible with the HVAC system(s). If MERV-13 or higher filters

are not compatible with the HVAC system(s), employers must use filters with

the highest compatible filtering efficiency for the HVAC system(s);

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(iv) All air filters are maintained and replaced as necessary to ensure the proper

function and performance of the HVAC system(s); and

(v) All intake ports that provide outside air to the HVAC system(s) are cleaned,

maintained, and cleared of any debris that may affect the function and

performance of the HVAC system(s).

(2) Where the employer has an existing AIIR, the employer must maintain and

operate it in accordance with its design and construction criteria.

Note 1 to paragraph (k): This section does not require installation of new HVAC systems

or AIIRs to replace or augment functioning systems.

Note 2 to paragraph (k): In addition to the requirements for existing HVAC systems and

AIIRs, all employers should also consider other measures to improve ventilation in

accordance with “CDC’s Ventilation Guidance,” (available at

www.cdc.gov/coronavirus/2019-ncov/community/ventilation.html) (e.g., opening

windows and doors). This could include maximizing ventilation in buildings without

HVAC systems or in vehicles.

(l) Health screening and medical management.

(1) Screening.

(i) The employer must screen each employee before each work day and each shift.

Screening may be conducted by asking employees to self-monitor before

reporting to work or may be conducted in-person by the employer.

(ii) If a COVID-19 test is required by the employer for screening purposes, the

employer must provide the test to each employee at no cost to the employee.

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(2) Employee notification to employer of COVID-19 illness or symptoms. The

employer must require each employee to promptly notify the employer when the

employee:

(i) is COVID-19 positive (i.e., confirmed positive test for, or has been diagnosed

by a licensed healthcare provider with, COVID-19); or

(ii) has been told by a licensed healthcare provider that they are suspected to have

COVID-19; or

(iii) is experiencing recent loss of taste and/or smell with no other explanation; or

(iv) is experiencing both fever (≥100.4° F) and new unexplained cough associated

with shortness of breath.

(3) Employer notification to employees of COVID-19 exposure in the workplace.

(i) Except as provided for in paragraph (l)(3)(iii) of this section, when the

employer is notified that a person who has been in the workplace(s) (including

employees, clients, patients, residents, vendors, contractors, customers,

delivery people and other visitors, or other non-employees) is COVID-19

positive, the employer must, within 24 hours:

(A) Notify each employee who was not wearing a respirator and any other

required PPE and has been in close contact with that person in the

workplace. The notification must state the fact that the employee was in

close contact with someone with COVID-19 along with the date(s) that

contact occurred.

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Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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(B) Notify all other employees who were not wearing a respirator and any

other required PPE and worked in a well-defined portion of a workplace

(e.g., a particular floor) in which that person was present during the

potential transmission period. The potential transmission period runs from

2 days before the person felt sick (or, for asymptomatic people, 2 days

prior to test specimen collection) until the time the person is isolated. The

notification must specify the date(s) the person with COVID-19 was in the

workplace during the potential transmission period.

(C) Notify other employers whose employees were not wearing respirators

and any other required PPE and have been in close contact with that

person, or worked in a well-defined portion of a workplace (e.g., a

particular floor) in which that person was present, during the potential

transmission period. The potential transmission period runs from 2 days

before the person felt sick (or, for asymptomatic people, 2 days prior to

test specimen collection) until the time the person is isolated. The

notification must specify the date(s) the person with COVID-19 was in the

workplace during the potential transmission period and the location(s)

where the person with COVID-19 was in the workplace.

(ii) The notifications required by paragraph (l)(3)(i) of this section must not

include any employee’s name, contact information (e.g., phone number, email

address), or occupation.

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(iii) The notification provisions are not triggered by the presence of a patient with

confirmed COVID-19 in a workplace where services are normally provided to

suspected or confirmed COVID-19 patients (e.g., emergency rooms, urgent

care facilities, COVID-19 testing sites, COVID-19 wards in hospitals).

(4) Medical removal from the workplace.

(i) If the employer knows an employee meets the criteria listed in paragraph

(l)(2)(i) of this section, then the employer must immediately remove that

employee and keep the employee removed until they meet the return to work

criteria in paragraph (l)(6) of this section.

(ii) If the employer knows an employee meets the criteria listed in paragraphs

(l)(2)(ii) through (l)(2)(iv) of this section, then the employer must

immediately remove that employee and either:

(A) Keep the employee removed until they meet the return to work criteria in

paragraph (l)(6) of this section; or

(B) Keep the employee removed and provide a COVID-19 polymerase chain

reaction (PCR) test at no cost to the employee.

(1) If the test results are negative, the employee may return to work

immediately.

(2) If the test results are positive, the employer must comply with

paragraph (l)(4)(i) of this section.

(3) If the employee refuses to take the test, the employer must continue to

keep the employee removed from the workplace consistent with

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Disclaimer: This final rule has been submitted to the Office of the Federal Register (OFR) for publication, and is currently pending placement on public inspection at the OFR and publication in the Federal Register. This version of the final rule may vary slightly from the published document if minor technical or formatting changes are made during the OFR review process. Only the version published in the Federal Register is the official final rule.

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paragraph (l)(4)(ii)(A) of this section, but the employer is not

obligated to provide medical removal protection benefits in accordance

with paragraph (l)(5)(iii) of this section. Absent undue hardship,

employers must make reasonable accommodations for employees who

cannot take the test for religious or disability-related medical reasons.

Note to paragraph (l)(4)(ii): This partial symptom list in paragraphs (l)(2)(iii) and

(l)(2)(iv) of this section informs the employer of the minimum requirements for

compliance. The full list of COVID-19 symptoms provided by CDC includes

additional symptoms not listed in paragraphs (l)(2)(iii) through (l)(2)(iv) of this

section. Employers may choose to remove or test employees with additional

symptoms from the CDC list, or refer the employees to a healthcare provider.

(iii) (A) If the employer is required to notify the employee of close contact in the

workplace to a person who is COVID-19 positive in accordance with

paragraph (l)(3)(i)(A) of this section, then the employer must immediately

remove that employee and either:

(1) Keep the employee removed for 14 days; or

(2) Keep the employee removed and provide a COVID-19 test at least five

days after the exposure at no cost to the employee.

(i) If the test results are negative, the employee may return to work

after seven days following exposure.

(ii) If the test results are positive, the employer must comply with

paragraph (l)(4)(i) of this section.

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(iii) If the employee refuses to take the test, the employer must

continue to keep the employee removed from the workplace

consistent with paragraph (l)(4)(iii)(A)(1) of this section, but the

employer is not obligated to provide medical removal protection

benefits in accordance with paragraph (l)(5)(iii) of this section.

Absent undue hardship, employers must make reasonable

accommodations for employees who cannot take the test for

religious or disability-related medical reasons, consistent with

applicable non-discrimination laws.

(B) Employers are not required to remove any employee who would

otherwise be required to be removed under paragraph (i)(4)(iii)(A) of

this section if the employee does not experience the symptoms in

paragraph (l)(2)(iii) or (l)(2)(iv) of this section and has:

(1) been fully vaccinated against COVID-19 (i.e., 2 weeks or more

following the final dose); or

(2) had COVID-19 and recovered within the past 3 months.

(iv) Any time an employee is required to be removed from the workplace for any

reason under paragraph (l)(4) of this section, the employer may require the

employee to work remotely or in isolation if suitable work is available.

(5) Medical removal protection benefits.

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(i) Employers with 10 or fewer employees on the effective date of this section are

not required to comply with paragraphs (l)(5)(iii) through (l)(5)(iv) of this

section.

(ii) When an employer allows an employee to work remotely or in isolation in

accordance with paragraph (l)(4)(iv) of this section, the employer must

continue to pay the employee the same regular pay and benefits the employee

would have received had the employee not been absent from work, until the

employee meets the return to work criteria specified in paragraph (l)(4)(iii) or

(l)(6) of this section.

(iii) When an employer removes an employee in accordance with paragraph (l)(4)

of this section:

(A) the employer must continue to provide the benefits to which the employee

is normally entitled and must also pay the employee the same regular pay

the employee would have received had the employee not been absent from

work, up to $1,400 per week, until the employee meets the return to work

criteria specified in paragraph (l)(4)(iii) or (l)(6) of this section.

(B) For employers with fewer than 500 employees, the employer must pay the

employee up to the $1,400 per week cap but, beginning in the third week

of an employee’s removal, the amount is reduced to only two-thirds of the

same regular pay the employee would have received had the employee not

been absent from work, up to $200 per day ($1,000 per week in most

cases).

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(iv) The employer’s payment obligation under paragraph (l)(5)(iii) of this section

is reduced by the amount of compensation that the employee receives from

any other source, such as a publicly or employer-funded compensation

program (e.g., paid sick leave, administrative leave), for earnings lost during

the period of removal or any additional source of income the employee

receives that is made possible by virtue of the employee’s removal.

(v) Whenever an employee returns to the workplace after a COVID-19-related

workplace removal, that employee must not suffer any adverse action as a

result of that removal from the workplace and must maintain all employee

rights and benefits, including the employee’s right to their former job status,

as if the employee had not been removed.

(6) Return to work. The employer must make decisions regarding an employee’s

return to work after a COVID-19-related workplace removal in accordance with

guidance from a licensed healthcare provider or CDC’s “Isolation Guidance”

(incorporated by reference, § 1910.509); and CDC’s “Return to Work Healthcare

Guidance” (incorporated by reference, § 1910.509).

Note to paragraph (l): OSHA recognizes that CDC’s “Strategies to Mitigate Healthcare

Personnel Staffing Shortages” (available at www.cdc.gov/coronavirus/2019-

ncov/hcp/mitigating-staff-shortages.html) allows elimination of quarantine for certain

healthcare workers, but only as a last resort, if the workers' absence would mean there are

no longer enough staff to provide safe patient care, specific other amelioration strategies

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have already been tried, patients have been notified, and workers are utilizing additional

PPE at all times.

(m) Vaccination. The employer must support COVID-19 vaccination for each employee

by providing reasonable time and paid leave (e.g., paid sick leave, administrative

leave) to each employee for vaccination and any side effects experienced following

vaccination.

(n) Training.

(1) The employer must ensure that each employee receives training, in a language and

at a literacy level the employee understands, and so that the employee

comprehends at least the following:

(i) COVID-19, including how the disease is transmitted (including pre-

symptomatic and asymptomatic transmission), the importance of hand

hygiene to reduce the risk of spreading COVID-19 infections, ways to reduce

the risk of spreading COVID-19 through the proper covering of the nose and

mouth, the signs and symptoms of the disease, risk factors for severe illness,

and when to seek medical attention;

(ii) employer-specific policies and procedures on patient screening and

management;

(iii) tasks and situations in the workplace that could result in COVID-19 infection;

(iv) workplace-specific policies and procedures to prevent the spread of COVID-

19 that are applicable to the employee’s duties (e.g., policies on Standard and

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Transmission-Based Precautions, physical distancing, physical barriers,

ventilation, aerosol-generating procedures);

(v) employer-specific multi-employer workplace agreements related to infection

control policies and procedures, the use of common areas, and the use of

shared equipment that affect employees at the workplace;

(vi) employer-specific policies and procedures for PPE worn to comply with this

section, including:

(A) when PPE is required for protection against COVID-19;

(B) limitations of PPE for protection against COVID-19;

(C) how to properly put on, wear, and take off PPE;

(D) how to properly care for, store, clean, maintain, and dispose of PPE; and

(E) any modifications to donning, doffing, cleaning, storage, maintenance, and

disposal procedures needed to address COVID-19 when PPE is worn to

address workplace hazards other than COVID-19;

(vii) workplace-specific policies and procedures for cleaning and disinfection;

(viii) employer-specific policies and procedures on health screening and medical

management;

(ix) available sick leave policies, any COVID-19-related benefits to which the

employee may be entitled under applicable federal, state, or local laws, and

other supportive policies and practices (e.g., telework, flexible hours);

(x) the identity of the safety coordinator(s) specified in the COVID-19 plan,

(xi) this section; and

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(xii) how the employee can obtain copies of this section and any employer-

specific policies and procedures developed under this section, including the

employer’s written COVID-19 plan, if required.

Note to paragraph (n)(1): Employers may rely on training completed prior to the

effective date of this section to the extent that it meets the relevant training

requirements under this paragraph.

(2) The employer must ensure that each employee receives additional training

whenever:

(i) changes occur that affect the employee’s risk of contracting COVID-19 at

work (e.g., new job tasks);

(ii) policies or procedures are changed; or

(iii) there is an indication that the employee has not retained the necessary

understanding or skill.

(3) The employer must ensure that the training is overseen or conducted by a person

knowledgeable in the covered subject matter as it relates to the employee’s job

duties.

(4) The employer must ensure that the training provides an opportunity for interactive

questions and answers with a person knowledgeable in the covered subject matter

as it relates to the employee’s job duties.

(o) Anti-Retaliation.

(1) The employer must inform each employee that:

(i) employees have a right to the protections required by this section; and

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(ii) employers are prohibited from discharging or in any manner discriminating

against any employee for exercising their right to the protections required by

this section, or for engaging in actions that are required by this section.

(2) The employer must not discharge or in any manner discriminate against any

employee for exercising their right to the protections required by this section, or

for engaging in actions that are required by this section.

Note to paragraph (o): In addition, section 11(c) of the OSH Act also prohibits the

employer from discriminating against an employee for exercising rights under, or as a

result of actions that are required by, this section. That provision of the Act also protects

the employee who files a safety and health complaint, or otherwise exercises any rights

afforded by the OSH Act.

(p) Requirements implemented at no cost to employees. The implementation of all

requirements of this section, with the exception of any employee self-monitoring

conducted under paragraph (l)(1)(i) of this section, must be at no cost to employees.

(q) Recordkeeping.

(1) Small employer exclusion. Employers with 10 or fewer employees on the

effective date of this section are not required to comply with paragraph (q)(2) or

(q)(3) of this section.

(2) Required records. Employers with more than 10 employees on the effective date

of this section must:

(i) retain all versions of the COVID-19 plan implemented to comply with this

section while this section remains in effect.

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(ii) establish and maintain a COVID-19 log to record each instance identified by

the employer in which an employee is COVID-19 positive, regardless of

whether the instance is connected to exposure to COVID-19 at work.

(A) The COVID-19 log must contain, for each instance, the employee’s

name, one form of contact information, occupation, location where the

employee worked, the date of the employee’s last day at the workplace,

the date of the positive test for, or diagnosis of, COVID-19, and the date

the employee first had one or more COVID-19 symptoms, if any were

experienced.

(B) The information in the COVID-19 log must be recorded within 24 hours

of the employer learning that the employee is COVID-19 positive and

must be maintained as though it is a confidential medical record and must

not be disclosed except as required by this ETS or other federal law.

(C) The COVID-19 log must be maintained and preserved while this section

remains in effect.

Note to paragraph (q)(2)(ii): The COVID-19 log is intended to assist employers

with tracking and evaluating instances of employees who are COVID-19 positive

without regard to whether those employees were infected at work. The tracking

will help evaluate potential workplace exposure to other employees.

(3) Availability of records. By the end of the next business day after a request, the

employer must provide, for examination and copying:

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(i) All versions of the written COVID-19 plan to all of the following: any

employees, their personal representatives, and their authorized representatives.

(ii) The individual COVID-19 log entry for a particular employee to that

employee and to anyone having written authorized consent of that employee.

(iii) A version of the COVID-19 log that removes the names of employees,

contact information, and occupation, and only includes, for each employee in

the COVID-19 log, the location where the employee worked, the last day that

the employee was at the workplace before removal, the date of that

employee’s positive test for, or diagnosis of, COVID-19, and the date the

employee first had one or more COVID-19 symptoms, if any were

experienced, to all of the following: any employees, their personal

representatives, and their authorized representatives.

(iv) All records required to be maintained by this section to the Assistant

Secretary.

Note to paragraph (q): Employers must continue to record all work-related confirmed

cases of COVID-19 on their OSHA Forms 300, 300A, and 301, or the equivalent forms,

if required to do so under 29 CFR part 1904.

(r) Reporting COVID-19 fatalities and hospitalizations to OSHA.

(1) The employer must report to OSHA:

(i) Each work-related COVID-19 fatality within 8 hours of the employer learning

about the fatality.

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(ii) Each work-related COVID-19 in-patient hospitalization within 24 hours of the

employer learning about the in-patient hospitalization.

(2) When reporting COVID-19 fatalities and in-patient hospitalizations to OSHA in

accordance with paragraph (r)(1) of this section, the employer must follow the

requirements in 29 CFR part 1904.39, except for 29 CFR part 1904.39(a)(1) and

(2) and (b)(6).

(s) Dates.

(1) Effective date. This section is effective as of [INSERT DATE OF

PUBLICATION IN THE FEDERAL REGISTER].

(2) Compliance dates.

(i) Employers must comply with all requirements of this section, except for

requirements in paragraph (i), paragraph (k), and paragraph (n) of this section

by [INSERT DATE 14 DAYS AFTER DATE OF PUBLICATION IN THE

FEDERAL REGISTER].

(ii) Employers must comply with the requirements of this section in paragraph (i),

paragraph (k), and paragraph (n) of this section by [INSERT DATE 30 DAYS

AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

§ 1910.504 Mini Respiratory Protection Program.

(a) Scope and application. This section applies only to respirator use in accordance with

§ 1910.502 (f)(4).

(b) Definitions. The following definitions apply to this section:

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COVID-19 (Coronavirus Disease 2019) means the respiratory disease caused by

SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2). For clarity and ease of

reference, this section refers to “COVID-19” when describing exposures or potential

exposures to SARS-CoV-2.

Elastomeric respirator means a tight-fitting respirator with a facepiece that is

made of synthetic or rubber material that permits it to be disinfected, cleaned, and reused

according to manufacturer’s instructions. It is equipped with a replaceable cartridge(s),

canister(s), or filter(s).

Filtering facepiece respirator means a negative-pressure particulate respirator

with a non-replaceable filter as an integral part of the facepiece or with the entire

facepiece composed of the non-replaceable filtering medium.

Hand hygiene means the cleaning and/or disinfecting of one’s hands by using

standard handwashing methods with soap and running water or an alcohol-based hand

rub that is at least 60% alcohol.

Respirator means a type of personal protective equipment (PPE) that is certified

by the National Institute for Occupational Safety and Health (NIOSH) under 42 CFR part

84 or is authorized under an Emergency Use Authorization (EUA) by the US Food and

Drug Administration. Respirators protect against airborne hazards by removing specific

air contaminants from the ambient (surrounding) air or by supplying breathable air from a

safe source. Common types of respirators include filtering facepiece respirators,

elastomeric respirators, and PAPRs. Face coverings, facemasks, and face shields are not

respirators.

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Powered air-purifying respirator (PAPR) means an air-purifying respirator that

uses a blower to force the ambient air through air-purifying elements to the inlet

covering.

Tight-fitting respirator means a respirator in which the air pressure inside the

facepiece is negative during inhalation with respect to the ambient air pressure outside

the respirator (e.g., filtering facepiece).

User seal check means an action conducted by the respirator user to determine if

the respirator is properly seated to the face.

(c) Respirators provided by employees. Where employees provide and use their own

respirators, the employer must provide each employee with the following notice:

Respirators can be an effective method of protection against COVID-19 hazards

when properly selected and worn. Respirator use is encouraged to provide an additional

level of comfort and protection for workers even in circumstances that do not require a

respirator to be used. However, if a respirator is used improperly or not kept clean, the

respirator itself can become a hazard to the worker. If your employer allows you to

provide and use your own respirator, you need to take certain precautions to be sure that

the respirator itself does not present a hazard. You should do the following:

(1) Read and follow all instructions provided by the manufacturer on use,

maintenance, cleaning and care, and warnings regarding the respirator’s

limitations.

(2) Keep track of your respirator so that you do not mistakenly use someone else’s

respirator.

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(3) Do not wear your respirator where other workplace hazards (e.g., chemical

exposures) require use of a respirator. In such cases, your employer must provide

you with a respirator that is used in accordance with OSHA’s respiratory

protection standard (29 CFR part 1910.134).

For more information about using a respirator, see OSHA’s respiratory protection

safety and health topics page (https://www.osha.gov/respiratory-protection).

(d) Respirators provided by employers. Where employers provide respirators to their

employees, the employer must comply with the following requirements:

(1) Training. The employer must ensure that each employee wearing a respirator

receives training prior to first use and if they change the type of respirator, in a

language and at a literacy level the employee understands, and comprehends at

least the following:

(i) How to inspect, put on and remove, and use a respirator;

(ii) The limitations and capabilities of the respirator, particularly when the

respirator has not been fit tested;

(iii) Procedures and schedules for storing, maintaining, and inspecting respirators;

(iv) How to perform a user seal check as described in paragraph (d)(2) of this

section; and

(v) How to recognize medical signs and symptoms that may limit or prevent the

effective use of respirators and what to do if the employee experiences signs

and symptoms.

(2) User seal check.

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(i) The employer must ensure that each employee who uses a tight-fitting

respirator performs a user seal check to ensure that the respirator is properly

seated to the face each time the respirator is put on. Acceptable methods of

user seal checks include:

(A) Positive pressure user seal check (i.e., blow air out). Once you have

conducted proper hand hygiene and properly donned the respirator, place

your hands over the facepiece, covering as much surface area as possible.

Exhale gently into the facepiece. The face fit is considered satisfactory if a

slight positive pressure is being built up inside the facepiece without any

evidence of outward leakage of air at the seal. Examples of evidence that it

is leaking could be the feeling of air movement on your face along the seal

of the facepiece, fogging of your glasses, or a lack of pressure being built

up inside the facepiece. If the particulate respirator has an exhalation

valve, then performing a positive pressure check may not be possible

unless the user can cover the exhalation valve. In such cases, a negative

pressure check must be performed.

(B) Negative pressure user seal check (i.e., suck air in). Once you have

conducted proper hand hygiene and properly donned the respirator, cover

the filter surface with your hands as much as possible and then inhale. The

facepiece should collapse on your face and you should not feel air passing

between your face and the facepiece.

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(ii) The employer must ensure that each employee corrects any problems

discovered during the user seal check. In the case of either type of user seal

check (positive or negative), if air leaks around the nose, use both hands to

readjust how the respirator sits on your face or adjust the nosepiece, if

applicable. Readjust the straps along the sides of your head until a proper seal

is achieved.

Note to paragraph (d)(2)(i) and (ii): When employees are required to wear a

respirator and a problem with the seal check arises due to interference with the

seal by an employee’s facial hair, employers may provide a different type of

respirator to accommodate employees who cannot trim or cut facial hair due to

religious belief.

(3) Reuse of respirators.

(i) The employer must ensure that a filtering facepiece respirator used by a

particular employee is only reused by that employee, and only when:

(A) the respirator is not visibly soiled or damaged;

(B) the respirator has been stored in a breathable storage container (e.g., paper

bag) for at least five calendar days between use and has been kept away

from water or moisture;

(C) the employee does a visual check in adequate lighting for damage to the

respirator’s fabric or seal;

(D) the employee successfully completes a user seal check as described in

paragraph (d)(2) of this section;

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(E) the employee uses proper hand hygiene before putting the respirator on

and conducting the user seal check; and

(F) the respirator has not been worn more than five days total.

Note to paragraph (d)(3)(i): The reuse of single-use respirators (e.g., filtering

facepiece respirators) is discouraged.

(ii) The employer must ensure that an elastomeric respirator or PAPR is only

reused when:

(A) the respirator is not damaged;

(B) the respirator is cleaned and disinfected as often as necessary to be

maintained in a sanitary condition in accordance with § 1910.134,

Appendix B-2; and

(C) a change schedule is implemented for cartridges, canisters, or filters.

(4) Discontinuing use of respirators. Employers must require employees to

discontinue use of a respirator when either the employee or a supervisor reports

medical signs or symptoms (e.g., shortness of breath, coughing, wheezing, chest

pain, any other symptoms related to lung problems, cardiovascular symptoms)

that are related to ability to use a respirator. Any employee who previously had a

medical evaluation and was determined to not be medically fit to wear a respirator

must not be provided with a respirator under this standard unless they are re-

evaluated and medically cleared to use a respirator.

(e) Effective date. This section is effective as of [INSERT DATE OF PUBLICATION

IN THE FEDERAL REGISTER].

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§ 1910.505 Severability.

Each section of this subpart U, and each provision within those sections, is separate and

severable from the other sections and provisions. If any provision of this subpart is held

to be invalid or unenforceable on its face, or as applied to any person, entity, or

circumstance, or is stayed or enjoined, that provision shall be construed so as to continue

to give the maximum effect to the provision permitted by law, unless such holding shall

be one of utter invalidity or unenforceability, in which event the provision shall be

severable from this subpart and shall not affect the remainder of the subpart.

§ 1910.509 Incorporation by Reference.

(a)(1) The material listed in this section is incorporated by reference into this subpart with

the approval of the Director of the Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. To enforce any edition other than that specified in this

section, OSHA must publish a document in the Federal Register and the material

must be available to the public. All approved material is available for inspection at

any Regional Office of the Occupational Safety and Health Administration (OSHA),

or at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Avenue,

NW, Room N–3508, Washington, DC 20210; telephone: 202–693–2350 (TTY

number: 877–889–5627). It is also available for inspection at the National Archives

and Records Administration (NARA). For information on the availability of these

standards at NARA, email [email protected], or go

to www.archives.gov/federal-register/cfr/ibr-locations.html.

(2) The material is available from the sources listed in this section and as follows:

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(i) The material listed in paragraphs (b) and (c) of this section (CDC and EPA) is

available at this permanent weblink hosted by OSHA:

www.osha.gov/coronavirus/ets/ibr.

(ii) The material listed in paragraph (d) of this section (ISEA) is available from

the American National Standards Institute (ANSI), 25 West 43rd Street, 4th

Floor, New York, NY 10036; telephone: 212–642–4900; fax: 212–398–0023;

website: http://www.ansi.org.

(b) Centers for Disease Control and Prevention (CDC). 1600 Clifton Road, Atlanta, GA

30329; websites: https://www.cdc.gov/, https://www.cdc.gov/coronavirus/2019-

ncov/communication/guidance.html, and

https://www.cdc.gov/infectioncontrol/guidelines/.

(1) Cleaning and Disinfecting Guidance. COVID-19: Cleaning and Disinfecting

Your Facility; Every Day and When Someone is Sick, updated April 5, 2021,

incorporation by reference (IBR) approved for § 1910.502(j).

(2) COVID-19 Infection Prevention and Control Recommendations. COVID-19:

Interim Infection Prevention and Control Recommendations for Healthcare

Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic, updated

February 23, 2021, IBR approved for §§ 1910.502(d) and (j).

(3) Guidelines for Isolation Precautions. 2007 Guideline for Isolation Precautions:

Preventing Transmission of Infectious Agents in Healthcare Settings, updated

July 2019, IBR approved for §§ 1910.502(e) and (f).

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(4) Guidelines for Environmental Infection Control. Guidelines for Environmental

Infection Control in Health-Care Facilities, updated July 2019, IBR approved for

§ 1910.502(j).

(5) Isolation Guidance. COVID-19: Isolation If You Are Sick; Separate yourself

from others if you have COVID-19, updated February 18, 2021, IBR approved for

§ 1910.502(l).

(6) Return to Work Healthcare Guidance. COVID-19: Return to Work Criteria for

Healthcare Personnel with SARS-CoV-2 Infection (Interim Guidance), updated

February 16, 2021, IBR approved for § 1910.502(l).

(c) U.S. Environmental Protection Agency (EPA): 1200 Pennsylvania Avenue, NW,

Washington, DC 20460; website: https://www.epa.gov/.

(1) List N. Pesticide Registration List N: Disinfectants for Coronavirus (COVID-

19), updated April 9, 2021, IBR approved for § 1910.502(b).

(2) [Reserved]

(d) International Safety Equipment Association (ISEA): 1901 North Moore Street, Suite

808, Arlington, VA 22209; website: www.safetyequipment.org

(1) ANSI/ISEA Z87.1-2010, American National Standard for Occupational and

Educational Personal Eye and Face Protection Devices, ANSI-approved April 13,

2010, IBR approved for § 1910.502(b).

(2) ANSI/ISEA Z87.1-2015, American National Standard for Occupational and

Educational Personal Eye and Face Protection Devices, ANSI-approved May 28,

2015, IBR approved for § 1910.502(b).

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(3) ANSI/ISEA Z87.1-2020, American National Standard for Occupational and

Educational Personal Eye and Face Protection Devices, ANSI-approved March

11, 2020, IBR approved for § 1910.502(b).